property question

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shmoo597
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property question

Postby shmoo597 » Tue May 11, 2010 7:10 pm

"O grants Blackacre to A for life, then to B if B reaches the age of 25 years."

This seems like a contingent remainder to me... Book is telling me springing executory interest. What am I missing here?

Leeroy Jenkins
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Re: property question

Postby Leeroy Jenkins » Tue May 11, 2010 7:18 pm

Look to the actual definition of contingent remainder and you will realize.

shmoo597
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Re: property question

Postby shmoo597 » Tue May 11, 2010 7:21 pm

Is it that it the grant says "THEN to B" - not "BUT IF B"?

Also I was asking for an explanation. I'm obviously looking at all the relevant distinctions and can't quite make the distinction.

shmoo597
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Re: property question

Postby shmoo597 » Tue May 11, 2010 7:27 pm

Ok building off of that -

Is this a case where B has a contingent remainder, unless A dies before B turns 25, at which point it becomes a springing executory interest? Does this make sense?

eth3n
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Re: property question

Postby eth3n » Tue May 11, 2010 7:37 pm

If B turning 25 cuts short A's life estate, then its a EI. (springing means it goes back to O before it goes to B right? whereas shifting would be directly to B? wow im fucked for property)

To me this looks like it is a contingent remainder, in my notes and multiple old outlines my wording for contingent remainder = "O to A for life, then B if..." whereas EI would be "O to A for life assuming/given/on the condition that, then to B"

I am also confused. Someone explain.

spondee
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Re: property question

Postby spondee » Tue May 11, 2010 7:42 pm

shmoo597 wrote:Is this a case where B has a contingent remainder, unless A dies before B turns 25, at which point it becomes a springing executory interest? Does this make sense?


Yeah, I think B has a CR, unless A dies before B reaches 25. Then, under modern rules, O has a reversion in fee simple subject to executory limitation and B has a springing executory interest.

shmoo597
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Re: property question

Postby shmoo597 » Tue May 11, 2010 7:53 pm

spondee wrote:
shmoo597 wrote:Is this a case where B has a contingent remainder, unless A dies before B turns 25, at which point it becomes a springing executory interest? Does this make sense?


Yeah, I think B has a CR, unless A dies before B reaches 25. Then, under modern rules, O has a reversion in fee simple subject to executory limitation and B has a springing executory interest.


TITCR

Leeroy Jenkins
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Re: property question

Postby Leeroy Jenkins » Tue May 11, 2010 8:20 pm

It isn't a contingent remainder. A contingent remainder exists if the person getting the property is yet to ascertained (not the case here) or it is made contingent upon some other nature event other than termination of ownership by death. This could be the case here, but if A dies before B turns 25, then the property reverts to O, and B's interest will cut short O's: springing executory interest because it cuts short O's interest in the estate.

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crystalhawkeye
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Re: property question

Postby crystalhawkeye » Wed May 12, 2010 12:57 pm

Leeroy Jenkins wrote:It isn't a contingent remainder. A contingent remainder exists if the person getting the property is yet to ascertained (not the case here) or it is made contingent upon some other nature event other than termination of ownership by death. This could be the case here, but if A dies before B turns 25, then the property reverts to O, and B's interest will cut short O's: springing executory interest because it cuts short O's interest in the estate.

Agreed.




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